legality of recording phone calls

Our man in Havana

Does anyone know the law on recording phonecalls? Does the caller have to be told that a call will/may be recorded?

If a call is recorded without telling the person could the converstion be used to say enforce a contract etc?

Thanks for your views folks.

007

gibo_ie

as far as i know it is legally required in this country to tell you if your call is being recorded for any reason, eg training etc..
So therfore if you are not told, they cannot use it (or record it in the first place)

egan007

yup - that's it - all they have to do is inform you and it's all cool

Our man in Havana

What laws are the breaking if they don't tell you?

dahamsta

Best place to ask this question (if you want a definitive answer) is the IRISHLAW mailing list. I was under the impression that the person on the other end of the line had to be informed too, but I saw a post recently saying that you can record all you like, as long as you don't want to use it in a court of law. Somehow I find that difficult to believe, since tapes could also be used in the media and for nefarious purposes.

Please let us know the result of your enquiries, I've often wanted to record conversations with the likes of Eircom, however I've always been concerned that I may be breaking the law if I don't inform them; and of course they're likely to hang up if you do.

adam

Capt'n Midnight

I always thought it was OK as long as at least one party was aware of it. It's totally illegal for a third party to eavesdrop.

Lets see what the law talking guys say.

tck

i record eircom peeps all the time..

even go on to them, and say 'due to training purposes this call may be recorded' - they're like wha ??

another funny thing is 3 waying two operators together (so they both answer the phones at the same time ) and recording them chatting to each other about work while listening in the backround - LOTS of fun )

if u let them know, it can be used as evidence, but in saying that , P.I.'s don't get a court order to record tapes of affairs etc.. - which might be used in court as damages/divorce ?

axer

as from http://www.eurocallcentre.com/code/page.cfm?id_page=270#ireland

Most Call Centres are currently operating some type of remote monitoring. The Telecommunications Services Act of 1983 and the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 cover monitoring calls in Ireland. If we look at the latter we will find the words "other than such listening" and " the person intended to receive the message has consented to the listening or recording". This amends the 1983 Act giving call centres the opportunity to record calls as long as the agent knows they are being recorded. The question about what you use the recording for is a more serious question. Where the law could cause a difficulty to any call centre operation would be if you plan to use recorded information in any manor that could be interpreted as legal. IE if you where to subject an employee to discipline procedures based on a monitored call you may be in breach of the law. The telecommunication regulators department suggested that should you wish to use the information obtained from the monitoring of a telecommunications message in any way other than positive coaching, you should seek the advise of a qualified solicitor. Reference the Telecommunication Services Act of 1983 sections 98 and 110 as well as the Interception of Postal Packets and Telecommunications Messages (Regulation) Act of 1993.

Our man in Havana

Where does that leave Joe Public?

RicardoSmith

I assume since they are recording you, that you are thus entitled to record them aswell?

axer

You must be informed that you are or may be recorded on a call. You may record a call if you inform the person on the other end that you are recording the call. This still applies if the other party is recording you. They have told you that they are recording the call, you must do the same.